Sponsors (66)
This bill removes an antiquated wartime detention statute to protect immigrants' civil liberties and clarify the law, while reducing a government national-security tool and creating potential legal and operational gaps for authorities during declared conflicts.
Immigrants who might otherwise have been subject to detention or movement restrictions under the Alien Enemies Act will no longer face those statutory authorities, reducing the risk of wartime detention based solely on nationality.
Taxpayers and the general public will see a reduction in executive wartime detention authority, strengthening checks on executive power and protecting civil liberties during conflicts.
Law enforcement and courts will face clearer statutory text because an antiquated statute is removed, potentially reducing legal uncertainty and related litigation over the statute's use.
Federal authorities and the public will lose a statutory detention/restriction tool during declared wars, narrowing government options in extreme national-security crises.
Federal employees, Congress, and agencies may need to draft new legislation or rely on alternative (potentially slower) authorities during conflicts, creating temporary legal gaps and transition costs.
Law enforcement and immigration officials will face increased legal and operational burdens as they adjust to the removal of a previously available wartime authority.
Based on analysis of 2 sections of legislative text.
Introduced January 22, 2025 by Ilhan Omar · Last progress January 22, 2025
Repeals the Alien Enemies Act (codified at 50 U.S.C. 21–24), removing a set of long-standing federal wartime authorities that addressed treatment, detention, and removal of nationals of countries with which the U.S. is at war. The repeal is nationwide and takes effect on enactment unless another date is specified.